The standards for fat and SNF in cow's milk are prescribed separately, and the variation in SNF in the instant case was due to natural causes and beyond the control of human agency.

JUDGMENT - H.W. DHABE, J.:---This is an appeal by the Nagpur Corporation through its Food Inspector against the acquittal of the respondent No. 1 who was accused of an offence punishable under section 16(1)(i) read with section 7(i) of the Prevention of the Food Adulteration Act, 1954 (for short, "the Act").

2. Briefly the prosecution case against the accused was that he was a milk vendor who on 9-7-1980 at about 9.30 a.m. came with one can of milk and two measures in Govind Dairy. The Food Inspector of the Nagpur Corporation Shri Bare was standing near the said dairy situated on Maharajbag Road, Nagpur. On being asked the accused told the Inspector that he was carrying the milk on 'Chandi' to the dairy. The can with the accused contained 12 litres of cow's milk. The Food Inspector called one panch Manohar Pande and took the sample of the cow's milk in his presence as required by the provisions of the Act. The accused had told that he was the owner of the milk in the can. After complying with the necessary formalities prescribed under the Act the Food Inspector sent one sealed sample bottle and original form No. 7 in a sealed packet to the Public Analyst of the Nagpur Corporation. He also sent a copy of form No. 7 and forwarding form in a sealed packet to the Public Analyst. Similarly, he sent two sealed sample bottles, two copies of form No. 7 and paper of forwarding form in a sealed cover to Local Health authority. He again sent two copies of form No. 7 and forwarding form in sealed packet to the Local Health authority. On 1-8-1980 he received the report from the Public Analyst in which the Public Analyst had given an information that the sample of cow's milk was found adulterated as it contained 14.4 % of added water.

3. The Food Inspector thereafter obtained the consent for prosecution against the accused from the Joint Commissioner, Food Adulteration, Nagpur and filed a complaint before the learned Judicial Magistrate, Nagpur on 1-10-1980. The learned Judicial Magistrate, on the basis of the above facts framed the charge-sheet (Exh-36) against the accused for an offence of storing and selling adulterated milk containing 14.4 % of added water which was an offence punishable under section 16(1)(a)(i) read with section 7(1) of the Act. The accused pleaded not guilty to the offence. The prosecution led evidence by examining three witnesses including the Food Inspector Shri Bare to prove the charge against the accused. The accused however, did not examine any witness in defence. The Public Analyst was not examined during the trial.

4. One of the contentions raised on behalf of the accused before the learned trial Magistrate was that the report of the Public Analyst was not correct. According to the learned Counsel appearing for the accused the percentage of fat found in the instant case was 6 % which was much more than the prescribed standard of 3.5 % for fat in the cow's milk. However, according to him, the percentage of solid-not fat was 7.3 per cent which was only marginally less as compared to the prescribed standard of 83 % for the solid-not-fat in the cow's milk. It was the contention on behalf of the defence that if the sample of milk conformed to the standard of the content of fat it must also conform to the standard of solid-not-fat and if it did not it would mean that the report of the Public Analyst was not correct. The learned Counsel for the accused relied upon certain decision of the Allahabad High Court and in particular the decision of its Division Bench in (Kadam Singh v. State)1, 1978(1) F.A.C. 160. Accepting the contention raised on behalf of the accused the learned Magistrate held that the fat percentage found was much more than the prescribed standard and that the percentage of solid-not-fat was only marginally less. The learned Magistrate also found that the total solids were 13.37% which were more than the standard of total solids present in the cow's milk. The learned Magistrate relying upon the aforesa

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